O.A.Nos.127 to 129 of 2023

KRISHNAN RAMASAMY, J.

Today, these Original Applications are listed under the caption, “For

Being Mentioned”.

2. On 22.02.2023, this Court passed an interim order in O.A.Nos.127

to 129 of 2023. The operative portion of the said interim order reads as

follows:

“8. In view of the above submissions made by the leaned counsel

on either side and consideration of Clause 2(2) of the Joint Development

Agreement dated 26.06.2015, whereby, the respondent irrevocably grants

the developer the exclusive right to develop the schedule property and the

developer has agreed to develop the schedule mentioned property on the

terms and conditions contained therein and in view of absolving the

responsibility or liability by the owner in terms of Clause 3.6 of JDA, the

payment of sum of Rs.250 Crores as interest free refundable deposit in

order to secure the due performance of its obligations by the developer to

the owner in terms of Clause 8 of the JDA, in view of the Clause

No.10.1(xx), the owner undertakes that they will not make or authorise

any communication or any statutory authority, whereby, the development

of the project is hindered or obstructed in any manner or is against the

agreement or shall prejudicially affect the rights of the parties in the

projects, in view of Clause No.14.1, whereby, the owner has agreed that

in case of any dispute between the parties, the owner shall not interfere or

restrain or obstruct the Developer from their undertaking the construction

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or development therein whilst both the parties works to resolve the dispute

or disagreement, in view of the agreement by virtue of Clause 18 to

execute the Power of Attorney in view of the developer or owner and

further provision of the owner to the developer that owner will not revoke

the general Power of Attorney granted as per Clause 18.2 of JDA and in

view of Clause 31 of the irrevocable general POA executed by the

respondent in favour of the petitioner dated 22.02.2018, whereby, the

respondent undertakes that the POA shall remain irrevocable and

developer shall not have any right to repudiate, or alter or seek and

change the terms and conditions of the irrevocable POA settled between

owner and the attorney holder shall bind the successors in interest and

permitted assigns, this Court directs the first respondent not to precipitate

the issue till the next date of hearing. The second respondent is directed

not to register the Deed of Cancellation of POA dated 22.02.2018

presented by the first respondent or any other deeds with regard to the

subject property, if any presented by the first respondent. Further, this

Court also directs the first respondent not to write any letters, e-mails or

notice to any statutory authorities, banks, financial institutions,

customers, etc. In the meantime, the applicant shall keep proper accounts

for sale of the flats from today.”

3. Mr.N.Ramakrishnan, learned counsel appearing for the applicant

submitted that the second respondent misunderstood the above interim

order and not registered the deeds presented by the applicant.

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4. This Court vide its interim order dated 22.02.2023 in O.A.Nos.127

to 129 of 2023, directed the second respondent not to register the Deed of

Cancellation of Power of Attorney dated 22.02.2018 or any other deeds

with regard to the subject property, presented by the first respondent, which

means, the said interim order restricts/prevents the first respondent alone

from getting its Deed of Cancellation of Power of Attorney dated

22.02.2018 or any other deeds with regard to the subject property registered

by the second respondent. It is made clear that such restriction is only to

the first respondent and not to the applicant. Hence, there is no impediment

to the second respondent for register